A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §61-12-16, relating
to making it illegal for anyone to photograph a corpse except
for certain legitimate purposes; and providing criminal
penalties.

Be it enacted by the Legislature of West Virginia:

That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §61-12-16, to read as
follows:

ARTICLE 12. POSTMORTEM EXAMINATIONS.

§61-12-16. Photography of a corpse; when prohibited; penalties;
exceptions.

(a)(1) Except as needed for purposes of a legitimate
postmortem examination, or for criminal justice purposes in the
investigation of a crime, no person may photograph a corpse.

(2) A person who violates subdivision (1) of this subsection
is guilty of a misdemeanor and, upon conviction, shall be fined not
less than $100 nor more than $500. For a second offense the person
is guilty of a misdemeanor and, upon conviction thereof, shall be
confined in jail for twenty-four hours and shall be fined not less
than $250 nor more than $750. For a third or subsequent offense
under this subsection, the person is guilty of a misdemeanor and,
upon conviction thereof, shall be confined in jail for not less
than twenty-four hours and not more than six months, and shall be
fined not less than $1,000 nor more than $5,000.

(b) Subdivision (1), subsection (a) of this section does not
prohibit a person from taking a photograph of a decedent’s corpse
at a wake, funeral, or memorial or burial service.

NOTE: The purpose of this bill is to make it illegal for
anyone to photograph a corpse except for certain legitimate
purposes.